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Posted by: Brittany Sims on Jun 9, 2014

Defendant, Ronnie Corral, was indicted in a 16-count indictment for five counts of attempted first degree murder; five counts of aggravated assault; three counts of facilitation of attempted aggravated robbery; one count of aggravated robbery; one count of attempted aggravated robbery; and one count of aggravated burglary.

Posted by: Brittany Sims on Jun 9, 2014

Appellant, Wendell Todd Duberry, was convicted of theft of property valued at $1,000 or more but less than $10,000 and criminal trespassing. The trial court sentenced him as a multiple offender to eight years for the theft conviction and to thirty days for the criminal trespassing conviction. On appeal, appellant contends that (1) the trial court erred by allowing the State to present evidence of victims not named in the indictment; (2) the evidence was insufficient to support his convictions; (3) his sentence was excessive; and (4) the trial court erred in its instructions to the jury.

Posted by: Brittany Sims on Jun 9, 2014

In a bench trial, the Defendant, Victoria Wellington, was convicted of one count of DUI, first offense, and one count of felony evading arrest. The trial court sentenced the Defendant to eleven months, twenty-nine days for the DUI conviction and to two years for the felony evading arrest conviction. The trial court ordered that the sentences be served concurrently and be suspended after nine months, with the remainder to be served on probation. On appeal, the Defendant contends that the trial court erred when it denied her motion to suppress her statements to police.

Posted by: Brittany Sims on Jun 9, 2014

The petitioner, Jamar Ed-Wae Scott, appeals the denial of his petition for post-conviction relief, which challenged his Davidson County Criminal Court jury convictions of first degree murder and attempted robbery. Discerning no error, we affirm the denial of relief.

Posted by: Brittany Sims on Jun 9, 2014

Hospital filed an action against TennCare managed care organization (“MCO”) for breach of contract and unjust enrichment when MCO refused to pay Hospital’s standard charges for emergency services and follow-up care. Hospital was not part of MCO’s “provider network” under the TennCare regulations and therefore was “non-contract” provider. MCO alleged Hospital was required to accept as payment the rate TennCare specified in its regulations.

Posted by: Brittany Sims on Jun 9, 2014

A man who suffered a blood infection after eating raw summer oysters at a Nashville restaurant filed suit against the restaurant, claiming that the oysters were contaminated because they were kept at an improper temperature. The restaurant owner answered, and among other things he named three companies in the supply chain that furnished the oysters to the defendant restaurant as possibly liable under the doctrine of comparative fault. The plaintiff subsequently died, and his executor was substituted as plaintiff. The executor filed an amended complaint that added the suppliers as defendants, and included claims against all the defendants of negligence, negligence per se, product liability, and breach of warranty. All the parties filed motions for summary judgment. The trial court denied the defendant restaurant’s motion for summary judgment, but it granted summary judgment to the defendant suppliers on all issues except failure to warn. After studying the voluminous record in this case, we affirm all the trial court’s rulings on the summary motions against the restaurant. We affirm the trial court’s grant of summary judgment to the suppliers, and reverse the denial of summary judgment to them for failure to warn.

Posted by: Brittany Sims on Jun 6, 2014

A Tennessee man who was imprisoned for 11 years for a rape he maintained he didn’t commit was released after DNA evidence and a wavering victim led prosecutors in Marshall County to drop all charges, the Tennessean reports. The case is one of a growing number of exonerations across the country. The National Registry of Exonerations has documented nearly 1,400 cases that have been reversed when evidence — DNA, perjury, witness and victim recantations, bad eyewitness identifications or withheld evidence — surfaced showing that a defendant was innocent.

Posted by: Brittany Sims on Jun 6, 2014

The Sixth Circuit Judicial Council has extended the deadline to apply for Bankruptcy Judge for the Eastern District of Tennessee at Chattanooga. The position will become vacant upon the retirement of U.S. Bankruptcy Judge John C. Cook effective March 31, 2015. Applications must be received by July 8.

Posted by: Brittany Sims on Jun 6, 2014

More than 20 years ago, Nashville attorney Alan Turk was hired to represent Miami-based rap group 2 Live Crew in what became a pivotal copyright infringement lawsuit with ramifications for everything from "Saturday Night Live" to modern hip-hop. The group was sued for sampling Roy Orbison’s song “Oh, Pretty Woman” without his permission for a rap parody. Turk would go down as the lead counsel on a case that went to the U.S. Supreme Court and set the standard for protecting works of parody under the fair-use clause in the federal copyright law. The Tennessean has more on this landmark case.


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